Contaminated Land Management Amendment Regulation 2009 (NSW)

2009 No 264

New South Wales

Contaminated Land Management

Amendment Regulation 2009

under the

Contaminated Land Management Act 1997

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Contaminated Land Management Act 1997.

CARMEL TEBBUTT, MP

Minister for Climate Change and the Environment

Explanatory note
The object of this Regulation is to amend the Contaminated Land Management Regulation 2008 as a consequence of the commencement of the Contaminated Land Management Amendment Act 2008.

offences as offences that may be dealt with by way of a penalty notice. This Regulation also provides that an amendment to guidelines that is consequential on a legislative amendment, or an amendment that is of a machinery nature, is a minor amendment that can be made by the Environment Protection Authority without the need for public consultation.	This Regulation updates terminology, omits redundant provisions and includes 2 new sections 92A and 112 (the general regulation-making power).
Published LW 26 June 2009 Page 1
2009 No 264
Clause 1 Contaminated Land Management Amendment Regulation 2009
Contaminated Land Management Amendment Regulation 2009
under the
Contaminated Land Management Act 1997

1      Name of Regulation

This Regulation is the Contaminated Land Management Amendment
Regulation 2009.

2      Commencement

This Regulation commences on the commencement of Schedule 1 [8] to the Contaminated Land Management Amendment Act 2008 and is required to be published on the NSW legislation website.

2009 No 264

Contaminated Land Management Amendment Regulation 2009

Amendment of Contaminated Land Management Regulation 2008	Schedule 1
Schedule 1	Amendment of Contaminated Land Management Regulation 2008

[1]      Clause 4 Recovery of EPA’s administrative costs associated with orders

Omit “an investigation or remediation order” wherever occurring.
Insert instead “an order under Part 3 of the Act”.

[2]      Clauses 8 and 9

Omit the clauses.

[3]      Clause 10A

Insert after clause 10:

10A Guidelines

For the purposes of paragraph (c) of the definition of minor amendment in section 105 (7) of the Act, each of the following is declared to be a minor amendment:

(a)	an amendment that is consequential on a legislative change,
(b)	an amendment of a machinery nature.

[4]      Schedule 1 Penalty notice offences

Omit the matter relating to sections 17 (4) and 23 (6) from Columns 1, 2 and 3.
Insert instead:

Section 10 (5)	$1,500	$5,000
Section 14 (6)	$1,500	$5,000